County battles cities over water

County battles cities over water

Towns County and the cities of Hiawassee and Young Harris enter mediation

By Frank Bradley

Sentinel writer

HIAWASSEE–With lucrative federal and state grants hanging in the balance, Towns County and the cities of Young Harris and Hiawassee entered into mediation at noon on Tuesday in an attempt to settle differences over the boundaries of their water systems. For a county the size of Towns operating three separate water systems seems a stretch. Still, all three entities appear more interested in expanding their domain rather than ceding any territory.

The State of Georgia requires an active county, municipality service delivery agreement in order for them to be eligible for governmental grants. As reported earlier, the state requires service delivery agreements to prevent duplication of infrastructure. Towns County was in danger of losing $133,000 in road money until Towns County Sole Commissioner Bill Kendall filed a law suit against the two cities and sought Retired Superior Court Judge Robert B. Struble to end the sanctions while the three governments were in mediation.  Struble then appointed James E. Mahar, Jr, an attorney and partner in the Hulsey, Oliver & Mahar, law firm our of Gainesville, Georgia to act as mediator.

After a conference involving Mahar and the county and city attorneys, the public meeting was re-openned, the county and cities all announced that they were going into closed session for the purposes of mediation. All parties save Commissioner Kendall, his secretary and the mayors and council members of Hiawassee and Young Harris were asked to clear the courtroom. That meant visitors, the press and members of the Towns County Water Authority, whose members are appointed not by the commissioner, but by the Towns County Grand Jury. However, according to Georgia law, only county and municipal officials have legal status in dealing with court matters.

Hence, members of the Towns County Water Authority were also excluded from observing or participating in this mediation.

Although the Sentinel asked all parties involved in the negotiations for comment, they all declined saying they were doing so on the advice of their attorneys.

Next week, the Sentinel report the conclusion of this mediation if it is indeed concluded. No one would furnish us a timeline of just how long this mediation was expected to last.